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HomeMy WebLinkAboutCC Reso No 1982-19_ _ RESGLUTICN NC~e 52-~9 A RESOLUTSCN OF THE CITY CF LAKE ELSINGREy CALIFORNIA DECLARING THAT CERTAIN RUBBISHy REFUSE AND DIRT AND ANY UTHER UNAUTHORIZED FILL MATERSALS AS DEFINED IN ~ SECTION 33590 OF THE GOVERNhSENT CODE OF THE STATE OF CALIFGRNIA AND ORDINANCE N0, 532 CONSTITUTE.A NUSSANCE AND REQUIRE A NOTICE TO SE GIVEN TO THE PROFERTY 1 OWNER IN ACCORDANCE WITH CHAPTER 13g PART 29 DIVISION 3 QF TITLE 4 OF THE GOVERNhiENT CODE OF THE STATE OF 2~ CALIFORNIA AND ORDSNANCE NO, 532~ AND FRGVIDING FOR POSTING OF NOTICE TO PROPERTY OWNERS AND PROVIDSNG FOR 3 A HEARING ON OBJECTIONS9 TOGETHER WITH THE EII.SNG GE COST REPORTS APID ASSESSNENTS AGAINST ABUTTING PRGPERTY 4 OWNERS. 5 WHEREAS, there e~sts in the City o~ Lake Elsinoreg California, on 6 cettain streets, sidewalks and on private property trash and other materials as ~'f deiined in ordin.ance No. 532 and Section 3°561.5 of the Government Codeg $ WHEREAS, said rubbish, refuse, concrete9 and dirt and any other I 9 unauthorized £ill material as de£ined constitute a nuisance in that said ],~ rubbish is a fire hazard9 ]_], WHEREAS, the City does designate the City Nlanager to enforce the 12 provisions of Grdinance No. 532 and the provisions of the Government Code of 13 the State oP California as hereinabove set forthy ].4 WHEREAS, t.he Citp Manager has su~mitted a list of properties upon which 15 there is upon the streets9 side~valks, and private property rubbi_sh, refuse, dirt ],6 concrete9 and any other unauthor9.zed fill which in his opinion constitute a 17 nuisance by virtue o£ being a fire and health hazardg 18 WHEREAS, there is affixed hereto and. made a part hereof by referance and ].9 marked Exhibit A a list o£ all properties within the City upon which said QO rubbish and refuse exists and which are re£erred to by commonly known street 27, names and which further describe the property upon which or in £ront o£ which 22 the nuisance exists by giving its lot and block number according to the 28 of£icial assessment map o£ the County of Riverside i-ahich is the pu~lic body 2g which does the assessment for the City o£ Lake Elsinore. 25 NOW, THEREFCREg be it resolved.e 26 l. That pursuant to the authority cpranted to the City by virtue of 27 Sections 3~~n0 to 39538 of_ the Government Code of the State of California and 28 Crdinance Noa 532 of ~he City o£ Lake Elsinore, the City Council does hereby 29 declare that the rubbish, reruse, dirt upon or in front of the properties 30 seithin the property as described in E;ihi~it A are hereby declared to be a 3], nuisance and shall be abated. 32 2, That notices be sent out to the property owners as last shown 1 upon the assessment rolls in accordance with the said Government Ccde, State 2 0£ California, and of said Ordinance, City of Lake Elsinore, California. ~ 3 3. That the s~id Noti~des shall be in the form set f_orth in said 4 Government Cede and said City ordinance and that said notices shall be sent 5 at least five (5) days prior to the time o~ the hearing of objections, g 4. That the list of all property owners to whom notices are to be 7 sent, as vrell as the location of the property to be posted, are set forth in $ Er,hibit A which is attached hereto and made a part hereo£ by re£erence. 9 5, That the City Council does hereby find ~nd declare that the rubbish9 ~Q refuse, dirt, and concrete on the specified parcels of property is recurrent ' 1~ and shall be abated in the manner provided for in Section 39561.5 of the 12 Government Ccde of the State of California and in accordance with Ordinance 532 13 of the City of Lalce Elsinore, Ca?ifornia. 14 0, That the City Council of the City of Lake Elsinore does hereby set ]_5 the date of April 139 i°•82., at the hour of 7:30p~;m~.i.n the Council Chambers 16 located in the City Hall of the City of Lake Elsinore, California, to herein 17 consider all objections to the proposed removal of rubbish, refuse, d.irt and lg any other unauthorized fi11 material. ],J 7. That thereafter i£ objections have not been made or the City 2Q Council has disposed of those made, the City Manager is ordered to abate the 2], nuisance in accordance ~aith said Government Code Section and said Ordinance of `ZQ the City of Lake Elsinore9 California. 23 S, The ;ity Manager shall keep an account of the cost of. the Qa abatement in front of or on each separate parcel of land and shall render 28 a Garitten report showing such costs and shall cause said notice to be posted in 26 accordance with law. 27 °.. That the cost of the abatement in front of or on each parcel of 28 Iand shall constitute;;,,,an operational assessment against that parcel, After ~ 29 the assessment has been made an@ confirmed there shall be made a lien upon ~~ said parcel of property in accordance with said Government Code and the 3], Ordinance of the City. 32 The above resolution was duly presented9 approved and adopted ~ 2 3I~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a~ 19 20 21 22 23 2q 25 26 27 28 29 30 31 32 this 23rd day of March following rokl 'call vote: AYES; Torn, Unsworth, r~a~r~9urray NoES: None ~s~T: Stewart ABSTENTIONS: NOne 1982' by the rry H. Stewarty MAYOR ty o£ Lake Elsinore '~, ATTEST: De~ Yo -~arri ngton~~~ Ci.ty of Lake Elsinore